Dissertation Fracking and Goldilocks Federalism

DISSERTATION FRACKING AND GOLDILOCKS FEDERALISM: THE TOO LOUD, TOO QUIET AND JUST RIGHT POLITICS OF STATES AND CITIES Submitted by Jonathan M. Fisk Department of Political Science In partial fulfillment of the requirements For the Degree of Doctor of Philosophy Colorado State University Fort Collins, Colorado Spring 2015 Doctoral Committee: Advisor: Charles E. Davis Susan M. Opp John A. Straayer Tara O’Connor Shelley Copyright by Jonathan M. Fisk 2014 All Rights Reserved ABSTRACT FRACKING AND GOLDILOCKS FEDERALISM: THE TOO LOUD, TOO QUIET AND JUST RIGHT POLITICS OF STATES AND CITIES Wicked environmental and energy challenges often originate where energy, the environment and economics intersect (Rittel and Webber 1973). Fracking is one such example. As a practice, it has prompted a certain amount of political debate at both the state and municipal levels. Proponents argue that natural gas extraction creates well-paying jobs, helps grow and revive stagnant economies and that it provides a ‘cleaner’ burning energy source. Its opponents counter that the technique produces a number of environmental harms such as air pollution, surface and groundwater contamination, places new demands on infrastructure and causes geological instability (Davis 2012). Ranging from intergovernmental battles to cooperative relationships, the politics of fracking are reshaping the relations between neighborhoods, city hall and the statehouse. To explore the ‘second order’ dynamics of fracking, this dissertation asks several interrelated questions. What are the state and local institutions, rules and informal norms governing state- municipal relationships when it comes to hydraulic fracturing? To what extent do municipalities regulate fracking and what are the types of city-level regulation? Finally, why are some cities willing to pass land use policies that challenge their state’s natural gas extraction goals and preemptive authority and others are not? To answer the questions above, I consider the second order dynamics in the context of Colorado, Texas and Ohio and a sample of cities in each state. Each state has a high number of citizens living near gas wells, but offers cities and towns varying degrees of land use authority. ii To elucidate their second-order relationships and dynamics, each chapter tests potential explanatory variables originating from studies of environmental policy, democratic theory and urban governance. Results suggest that both macro level (environmentalism and mobilization) and micro level concerns (percentage of owner occupied homes and median home values) can affect second order relations and the willingness of local communities to exert more municipal autonomy and challenge their state. My findings offer a more complete picture of second order federalism and strengthen the scholarly and applied understanding of two key American political institutions. iii ACKNOWLEDGEMENTS Completing my Ph.D. has been a source of wonderful memories and rewarding experiences. It has also been a source of stress, anxiety and demanding expectations. Completing my doctoral education would not have been possible without the mentors, friends and family that have unconditionally supported me through the challenges of coursework, the rigors of preparing for comprehensive exams and the perseverance needed to complete a dissertation. Each of you has been instrumental in my development and maturation as a scholar and I cannot begin to thank you enough. You have shared in some of the happiest and most challenging moments of my academic journey. I dedicate this to all of you. I first want to thank my adviser, Dr. Charles Davis. You have supported, guided and pushed me to improve myself as a scholar and as a member of the academic community. Whether through your critiques or our conversations in your office, you have challenged me, to think about interesting and meaningful research questions and to keep an eye on making my research relevant and impactful. I would also like to thank Dr. Susan Opp. Your support and guidance (both professionally and personally) began before I even enrolled at Colorado State University and has continued throughout my doctoral studies. Thank you. My two remaining committee members, Drs. John Straayer and Tara Shelley have also been instrumental in my success and completion of this dissertation. I would like to thank Dr. Straayer for keeping my eye on the ultimate prize – the degree in hand and an academic job. Your advice to ‘tell a good story’ has served me well throughout the dissertation process and I anticipate that it will continue to do so in future writing and teaching. I also want to extend my heartfelt appreciation to Dr. Tara Shelley for her willingness to graciously give up her time and energy to serve on my committee. I would also like to acknowledge Dr. Kyle Saunders, while not on my committee, has iv been instrumental in my development and success at Colorado State. Finally, I would like to thank the rest of the Political Science Department especially Dr. Bradley MacDonald, Dr. Sandy Davis, Dr. Bob Duffy, Dr. Michele Betsill, Debby Luntsford and Maureen Bruner. My academic evolution from student to academic began before I moved to Colorado. My first adviser, Patrick McKinlay deepened my fascination and excitement to study politics and pushed me towards a life of lifelong learning and scholarship. I also want to acknowledge Dr. Susan Burns, whom I cannot thank enough for all the advice and guidance you have offered me over the years. Finally, I want to thank Dr. Jared Llorens, at Louisiana State University, who is both a wonderful mentor and friend. Completing my doctoral education would not have been possible without the support of a wonderful group of fellow graduate students and colleagues. Our shared time together has manifested itself in many forms: as friends, classmates, co-authors, beer buddies and the ‘doughnut’ Saturday group. I am grateful that I made this journey with all of you and that one of you was always willing to make a coffee run. I extend special thanks to Morgann ‘Morgapedia’ Means, Sam Mosier, Jenna Bloxom, Megan DeMasters-Baker, Chris Baker, Megan Ruxton, Zach ‘RSZ’ Sylvain, Jeff Cook, Chelsea ‘Greta’ Welker, Zach Wurtzebach, Stratis Giannakourous, Andrew Kear, John Hultgren and the folks at Plymouth Congregational Church, especially Hal and Sharon. To my University of Kansas friends, especially Rob Miller, Nolan Klouda, Ron Shaver, Casey Muhm, Ashley Bress, Jared Cobb and Greg Stopka, each of you are a constant source of inspiration, friendship and epitomize the word professional. You all have also been critically important in keeping my priorities in line - making sure KU basketball remains overanalyzed, heavily scrutinized and cheered for passionately. Rock Chalk! v To Fred and Becky Singer, Brandon and Amanda Jensen and Ashley and Dan Jimenez, thank you. You have welcomed me into your family with grace and kindness. I save my final acknowledgements for my family. Dad - you were my first proofreader, sounding board and one of my toughest critics. Your ethos and enthusiasm towards teaching and public service are infectious and I hope I bring a similar passion to my own research and pedagogy. Mom – you taught me to approach my goals with tenacity and persistence, necessary skills in a doctoral program. My sister, Laura - What can I say? Your sense of humor, spirit and friendship is invaluable, even if you have no interest in second order federalism! I also want to offer a thank you to my Grandparents, Beverly and Norman Reisman and my Uncle Jeff. Through all the years, each of you has offered your love, support and encouragement that made this journey possible. Grandpa - I will do my best to always speak loudly, clearly and slowly. Grandma – please do not call me Doctor – Jonathan is just fine. Thank you and I love you. I also want to thank Phyllis Fisk and Richard Baumgarten. To my fiancée and best friend, Melanie Singer, your patience, love and faith in me is a blessing. The dedication and the thoughtfulness you take towards teaching are inspirational and I hope that I will make you proud in my own pedagogy and as we start our journey together. I love you. vi TABLE OF CONTENTS ABSTRACT .................................................................................................................................... ii ACKNOWLEDGEMENTS ........................................................................................................... iv LIST OF TABLES ......................................................................................................................... ix LIST OF FIGURES ....................................................................................................................... xi Chapter 1 ... Fracking and Goldilocks Federalism: The Too Loud, Too Soft and Just Right Politics of States and Cities? ........................................................................................................................ 1 Problem Background ................................................................................................................... 2 The Legal Environment ............................................................................................................... 4 Legal Doctrines: Dillons and Cooley Rule(s).......................................................................... 5 Why Fracking? ............................................................................................................................ 8

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